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92nd General Assembly

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Public Act 92-0182

SB319 Enrolled                                 LRB9202811JStm

    AN ACT relating to insurance.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Insurance Code is amended by
changing Section 370c as follows:

    (215 ILCS 5/370c) (from Ch. 73, par. 982c)
    Sec. 370c.  (1) On and after the effective date  of  this
Section, every insurer which delivers, issues for delivery or
renews  or modifies group A&H policies providing coverage for
hospital or medical treatment or services for illness  on  an
expense-incurred  basis shall offer to the applicant or group
policyholder   subject   to   the   insurers   standards   of
insurability, coverage for reasonable and necessary treatment
and services for mental, emotional or  nervous  disorders  or
conditions  up to the limits provided in the policy for other
disorders or  conditions,  except  (i)  the  insured  may  be
required to pay up to 50% of expenses incurred as a result of
the  treatment or services, and (ii) the annual benefit limit
may be limited to  the  lesser  of  $10,000  or  25%  of  the
lifetime policy limit.
    (2)  Each  insured  that is covered for mental, emotional
or nervous disorders or conditions shall be  free  to  select
the  physician  licensed  to  practice  medicine  in  all its
branches,  licensed  clinical   psychologist,   or   licensed
clinical  social  worker,  or  licensed clinical professional
counselor of his choice to  treat  such  disorders,  and  the
insurer  shall  pay  the  covered  charges  of such physician
licensed to practice medicine in all its  branches,  licensed
clinical psychologist, or licensed clinical social worker, or
licensed  clinical professional counselor up to the limits of
coverage, provided (i) the disorder or condition  treated  is
covered  by  the  policy,  and  (ii)  the physician, licensed
psychologist, or licensed clinical social worker, or licensed
clinical professional counselor is authorized to provide said
services under the statutes of this State and  in  accordance
with accepted principles of his profession.
    Insofar  as  this  Section  applies  solely  to  licensed
clinical  social  workers  and licensed clinical professional
counselors,  those  persons  who  may  provide  services   to
individuals  shall  do  so after the licensed clinical social
worker  or  licensed  clinical  professional  counselor   has
informed  the  patient  of  the  desirability  of the patient
conferring with the patient's primary care physician and  the
licensed   clinical   social   worker  or  licensed  clinical
professional counselor has provided written  notification  to
the  patient's  primary care physician, if any, that services
are being provided to the patient.   That  notification  may,
however,  be  waived by the patient on a written form.  Those
forms shall be  retained  by  the  licensed  clinical  social
worker  or  licensed  clinical  professional  counselor for a
period of not less than 5 years.
(Source: P.A. 86-1434.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 01, 2001.
    Approved July 27, 2001.
    Effective July 27, 2001.

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